Summary: Current and former employees of Wendy’s filed a class action lawsuit in Colorado courts seeking back wages and other compensation for meal and rest break violations. Wendy’s has agreed to pay the workers $4 million to settle outstanding claims. If you are concerned that you are not being paid properly for breaks, you should speak with an unpaid wages attorney for legal assistance.
Wage violations happen in every industry. The restaurant industry is one sector where wage theft occurrences are common.
A recent example involves a class action lawsuit filed by Colorado employees of the fast-food chain Wendy’s over meal and rest break violations. If you are being forced to work through meal and rest breaks required by law, do not hesitate to get legal help from a wage theft attorney.
The Story Behind Wendy’s $4M Settlement
Wendy’s agreed to pay a $4 million settlement to resolve a class action lawsuit in Colorado alleging that the company failed to provide employees with proper meal and rest breaks.
The original lawsuit was filed by current and former hourly and non-exempt Wendy’s workers in the state since October 2014. These employees alleged that Wendy’s failed to provide compensation despite them regularly working through 30-minute meal breaks and 10-minute rest breaks.
Legal Options for Employees Facing Meal and Rest Break Violations
Under the Fair Labor Standards Act (FLSA), employers are not required to provide paid breaks to employees. However, if an employer does provide short breaks (generally 5–20 minutes), those breaks must be considered as hours worked and paid as such. Longer breaks (typically 30 minutes or more) are considered meal periods that do not need to be paid.
In the state of Colorado, employees are entitled to a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours worked. Rest breaks should be in the middle of each four-hour work period, and employers must permit employees to take all required rest periods.
If you believe your employer is violating your wage rights, you may be entitled to take legal action. Keep detailed records of your work hours, including:
- When you took breaks (or were not allowed to take them)
- Any documentation from your employer regarding break policies
Next, consider speaking with an attorney. Our lawyers can help you navigate the complexities of your state’s meal and rest break laws and guide you through the claims process.
Get Help From an Experienced Unpaid Breaks Attorney
While the FLSA does not require an employer to provide meal periods or rest breaks for their employees, most employers do provide these breaks and must observe federal and state legal requirements when that is the case. The story behind the $4 million settlement between Wendy’s and its workers for break violations in Colorado is just one example of how employers can violate labor laws.
Speak with a seasoned wage violations attorney about your legal options if your employer does not allow you to take breaks or pay you extra time for missing them. Start your free confidential review today by filling out the online form or using our chat.
